Courts / Roscommon / Report
Drunk driver who left cyclists with life-changing injuries wins unfair dismissal claim
Summary
Muiris Flynn, an electrician convicted of dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving, and driving without insurance in Doon, Co Roscommon, on 24 September 2017, has won an unfair dismissal claim against Irish Rail. Flynn pleaded guilty to these charges and was sentenced in October 2019 to four years in prison, with the final 30 months suspended. Although the Court of Appeal later deemed the original sentence unduly lenient, it did not increase the active custody portion, instead imposing a €20,000 fine. Irish Rail terminated Flynn's employment in March 2020, arguing his contract was frustrated by his imprisonment. However, the Workplace Relations Commission rejected this argument. Adjudicating officer Brian Dolan found that Irish Rail failed to consult Flynn and that his absence did not necessitate termination. The tribunal awarded Flynn €4,000 in compensation, noting that while his conduct contributed to the dismissal, the employer had not proven the contract ended by frustration. This decision upholds Flynn's complaint under the Unfair Dismissals Act 1977, confirming that his dismissal was unlawful despite his criminal conviction and imprisonment.
Who, what, where, when and why
What: Report matter: Drunk driver who left cyclists with life-changing injuries wins unfair dismissal claim. Charges or matters: dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving and driving without insurance in the townland of Doon, near Boyle, Co Roscommon on Sunday 24 September 2017. Procedural stage: appeal
When:
- October 2019 Hearing Or Sentence
- Sunday 24 September 2017 Hearing Or Sentence
- October 2020 Hearing Or Sentence
- 8 March 2020 Other
- 2022-11-03 Publication
Case subjects
Convicted Person
Charges: dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving and driving without insurance in the townland of Doon, near Boyle, Co Roscommon on Sunday 24 September 2017 (Admitted)
Plea: Guilty
Outcome: In a decision published this morning, the employment tribunal rejected the rail operator's argument that Flynn's employment contract had been "frustrated" and consequently terminated by his imprisonment Flynn had been sentenced to four years in prison in October 2019 for dangerous driving causing serious injury, with the final 30 months suspended. In his decision, adjudicating officer Brian Dolan wrote that Irish Rail knew Flynn had been jailed four months before deeming his employment to be frustrated, and then went on to give him a notice period from the date of termination.
Places mentioned
- Roscommon
- Roscommon Circuit Court
- Court of Appeal
Topics
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